The proposed rule amendments clarify differences between individually issued air permits (authorizations by permit) and air general permits (authorizations by rule); provide that all air general permits authorize both construction and operation; ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Departmental

RULE NO: RULE TITLE
62-210.100: Purpose and Scope
62-210.200: Definitions
62-210.300: Permits Required
62-210.920: Notification Forms for Air General Permits
PURPOSE AND EFFECT: The proposed rule amendments clarify differences between individually issued air permits (authorizations by permit) and air general permits (authorizations by rule); provide that all air general permits authorize both construction and operation; place "conditional" exemptions from air permitting together and simplify language; add a new conditional exemption for small printing operations; clarify that categorical, conditional and generic exemptions cannot be used for exemption from Title V permitting; move all non-Title V air general permits to a new rule section and simplify rule language; distinguish between general permit eligibility criteria and compliance requirements; add a new air general permit for printing operations; eliminate public notice requirements for concrete batching plant air general permits; allow concrete batching plants and crushers using separate air general permits to co-locate; and revise air general permit registration forms to clarify eligibility requirements.
SUMMARY: The proposed rule amendments revise and update regulatory requirements for air permitting exemptions and for use of air general permits.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 403.061, 403.8055 FS.
LAW IMPLEMENTED: 403.031, 403.061,403.087, 403.814 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Thursday, October 26, 2006, 9:00 a.m.
PLACE: Florida Department of Environmental Protection, Division of Air Resource Management, 111 South Magnolia Drive, Suite 23, Directors Conference Room, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Ms. Lynn Scearce at Florida Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS 5500, Tallahasse, Florida 32399-2400, or [e-mail], phone [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Terri Long
[e-mail], phone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-210.100 Purpose and Scope. The Department of Environmental Protection adopts this chapter to establish general requirements for stationary sources of air pollutant emissions and definitions for use in this chapter as well as Chapters 62-212, 62-213, 62-214, 62-296, and 62-297, F.A.C. This chapter provides criteria for determining the need for an owner or operator to obtain Department authorization, by individual air permit or by air general permit, to conduct certain activities involving sources of air pollutant emissions to obtain an air construction or air operation permit. It provides procedures to apply for an air construction or non-Title V air operation permit, or to register for use of an air general permit. It establishes public notice requirements, reporting requirements, and requirements relating to estimating emissions emission rates and using air quality models. This chapter also sets forth special provisions related to compliance monitoring, stack heights, circumvention of pollution control equipment, and excess emissions.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 2-9-93, Formerly 17-210.100, Amended 11-23-94,________.

 

62-210.200 Definitions. The following words and phrases when used in this chapter and in Chapters 62-212, 62-213, 62-214, 62-296, and 62-297, F.A.C., shall, unless content clearly indicates otherwise, have the following meanings:

(1) through (18) No change.

(19) “Air General Permit” - An authorization by rule to construct or operate an air pollutant emitting facility. Use of such authorization by any individual facility does not require agency action.

(19) through (26) renumbered (20) through (27) No change.

(28)(27) “Animal Crematory" - Any combustion apparatus used solely for the cremation of animal remains dead animals with appropriate containers as described in subsection 62-296.401(6), F.A.C.

(29)(28) “Applicable Requirement” –

(a) For purposes of the permitting requirements of Chapter 62-213, F.A.C., all of the following as they apply to a Title V source or any emissions unit at such source:

1. through 5. No change.

6. Any standard or other requirement under of 42 U.S.C. Section 7411 or 7412;

7. If incorporated into the Specific Operating Agreement with the Department, any standard or other requirement adopted by of a local air pollution control regulatory program having geographical jurisdiction over the emission unit, unless such standard or requirement conflicts with the provisions of the Federal Acid Rain Program or the Florida Electrical Power Plant Siting Act:

8. through 12. No change.

(b) For purposes of the permitting and exemption requirements of Chapters 62-210 and 62-212, F.A.C., all of the following as they apply applied to any facility or to any emissions unit within such facility:

1. Any standard or other requirement provided for in the State Implementation Plan term or condition of any Department air permit;

2. Any term or condition of any preconstruction permit issued pursuant to 40 C.F.R. 52.21; subparagraph 62-204.800(11)(d)2., F.A.C.; (formerly 62-204.800(10)(d)2.); Rule 62-212.300, F.A.C. (formerly 17-212.300, formerly 17-2.520); Rule 62-212.400, F.A.C. (formerly 17-212.400, formerly 17-2.500); Rule 62-212.500, F.A.C. (formerly 17-212.500, formerly 17-2.510); Rule 62-212.720, F.A.C.; Rule 17-2.17, F.A.C. (repealed); or Rule 62-4.210, F.A.C. (formerly 17-4.210, formerly 17-4.21); and

3. Any term or condition of any air operation permit;

4.3. renumbered 4. No change.

5. Any standard or other requirement under 42 U.S.C. Section 7411 or 7412; and

6. If incorporated into the Specific Operating Agreement with the Department, any standard or other requirement adopted by a local air pollution control program having geographical jurisdiction over the emission unit, unless such standard or requirement conflicts with the provisions of the Federal Acid Rain Program or the Florida Electrical Power Plant Siting Act.

(29) through (40) renumbered (30) through (41) No change.

(42)(41) “Biological Waste Incinerator Incineration Facility” – Any incinerator One (1) or more incinerators located on one (1) or more contiguous or adjacent properties which is/are operated or utilized for the disposal or treatment of biological waste and is/are owned or operated by the same person or by persons under common control. The term does not include any air curtain incinerator used or authorized by the Department of Agriculture and or Consumer Services for the emergency destruction of animal carcasses.

(42) through (109) renumbered (43) through (110) No change.

(111) “Digital Printing” – The transfer of electronic files directly from the computer to an electronically driven output device that prints the image directly on the selected media (substrate).

(110) through (115) renumbered (112) through (117) No change.

(118) “Electron Beam-Cured” – An ink and coating drying process by which monomers, oligomers, and other components polymerize to form a film when exposed to an electron beam radiation.

(116) through (139) renumbered (119) through (142) No change.

(143) “Fountain Solution” – A mixture of water and other volatile and non-volatile chemicals and additives that maintains the quality of the printing plate and reduces the surface tension of the water so that it spreads easily across the printing plate surface. The fountain solution wets the non-image area so that the ink is maintained within the image areas. Non-volatile additives include mineral salts and hydrophilic gums.

(144) “Fountain Solution Additives” – Wetting additives that include alcohol and alcohol substitutes, including isopropyl alcohol, glycol ethers and ethylene glycol, which are used to reduce the surface tension of the fountain solution.

(140) through (149) renumbered (145) through (154) No change.

(155) “Heatset” – A lithographic web printing process where heat is used to evaporate ink oils from the printing ink. Heatset dryers (typically hot air) are used to deliver the heat to the printed web.

(150) through (155) renumbered (156) through (161) No change.

(162)(156) "Human Crematory" - Any combustion apparatus used solely for the cremation of either human or fetal remains dead human bodies with appropriate containers as described in subsection 62‑296.401(5), F.A.C.

(157) through (173) renumbered (163) through (179) No change.

(180) “Letterpress Printing” – A printing system in which the image area is raised relative to the non-image area and the ink is transferred to the substrate directly from the image surface.

(174) through (176) renumbered (181) through (183) No change.

(184) “Lithographic Printing” – A planographic printing system where the image and non-image areas are chemically differentiated. The image area is oil receptive and non-image area is water receptive. Ink film from the lithographic plate is transferred to an intermediary surface (blanket), which, in turn, transfers the ink film to the substrate. Fountain solution is applied to maintain the hydrophilic properties of the non-image area. Ink drying is divided into heatset and non-heatset.

(177) through (181) renumbered (185) through (189) No change.

(190)(182) “Major Modification” –

(a) through (c) No change.

(d) This definition shall not apply with respect to a particular PSD regulated air pollutant when the major stationary source is complying with the requirements under Rule 62-212.720, F.A.C., for a PAL for that pollutant. Instead, the definition at 40 CFR 52.21(aa)(2)(viii), adopted by reference in Rule 62-204.800, F.A.C., shall apply.

(183) through (199) renumbered (191) through (207) No change.

(208)(200) “Net Emissions Increase” –

(a) With respect to any PSD pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero (0):

1. The increase in emissions from a particular physical change or change in the method of operation as calculated pursuant to paragraph 62-212.400(2)(a), F.A.C.; and

2. Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are creditable. Baseline actual emissions for calculating increases and decreases under this subparagraph 62-210.200(179)(a)2., F.A.C., shall be determined as provided by the definition of “baseline actual emissions” in subsection 62-210.200(34), F.A.C., except that subparagraphs (a)3. and (b)4. of such definition 62-210.200(34)(a)3. and (b)4., F.A.C., shall not apply.

(b) through (g) No change.

(h) Paragraph (a) of the definition of “actual emissions” 62-210.200(11)(a), F.A.C., shall not apply for determining creditable increases and decreases.

(201) through (207) renumbered (209) through (215) No change.

(216) “Non-heatset” – A lithographic printing process where the printing inks are set without the use of heat. Traditional non-heatset inks set and dry by absorption and/or oxidation of the ink oils. Ultraviolet-cured, thermography and electron beam-cured inks are considered non-heatset although radiant energy is required to cure these inks.

(208) through (230) renumbered (217) through (239) No change.

(240) “Polyester Resin Material” – Materials used in polyester resin operations which include isophthalic, orthophthalic, halogenated, bisphenol-A, vinyl-ester or furan resins; cross-linking agents; catalysts, gel coats, inhibitors, accelerators, promoters, and any other VOC containing materials.

(231) through (235) renumbered (241) through (245) No change.

(246) “Printing Line” – A printing production assembly composed of one or more units used to produce a printed substrate including any associated coating, spray powder application, or infrared, natural gas, or electric heating units or dryers.

(236) through (248) renumbered (247) through (259) No change.

(260) “Reinforced Polyester Resin Operations” – An operation that entails saturating a reinforcing material such as glass fiber with a polyester resin material. Such operations include the production or rework of product by mixing, pouring, hand laying-up, impregnating, injecting, forming, spraying, and/or curing unsaturated polyester materials with fiberglass, fillers, or any other reinforcement materials and associated cleanup.

(249) through (259) renumbered (261) through (271) No change.

(272) “Screen Printing” – A printing system where the printing ink passes through a web or fabric to which a refined form of stencil has been applied. The stencil openings determine the form and dimensions of the imprint.

(260) through (290) renumbered (273) through (303) No change.

(304) “Thermography” – The process of spreading thermal powders on the wet ink of a print application and heating it in order to melt the powder into a single solid mass which creates a raised printing effect. The heating is accomplished with a natural gas or electric oven.

(291) through (302) renumbered (305) through (316) No change.

(317) “Ultraviolet-Cured” – An ink and coating drying process by which monomers, oligomers, and other components polymerize to form a film when exposed to ultraviolet radiation.

(303) through (315) renumbered (318) through (330) No change.

(331) “Water-based Ink/Coating/Adhesive” – An ink, coating or adhesive with a VOC content less than or equal to 25 percent by weight as applied.

(316) through (317) Renumbered (332) through (333).

Specific Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 403.8055 FS. History – Formerly 17-2.100, Amended 2-9-93, 11-28-93, Formerly 17-210.200, Amended 11-23-94, 4-18-95, 1-2-96, 3-13-96, 3-21-96, 8-15-96, 10-7-96, 10-15-96, 5-20-97, 11-13-97, 2-5-98, 2-11-99, 4-16-01, 2-19-03, 4-1-05, 7-6-05, 2-2-06, 4-1-06, 9-4-06, 9-6-06,________.

 

62-210.300 Permits Required. Unless exempted from permitting pursuant to this rule paragraph 62-210.300(3)(a) or (b), F.A.C., or Rule 62-4.040, F.A.C., or unless specifically authorized by provision of subsection 62-210.300(4), F.A.C., or Rule 62-213.300, F.A.C., the owner or operator of any facility or emissions unit which emits or can reasonably be expected to emit any air pollutant shall obtain an appropriate authorization permit from the Department prior to undertaking any activity at the facility or emissions unit for which such authorization is required beginning construction, reconstruction pursuant to 40 CFR 60.15 or 63.2, modification, or the addition of pollution control equipment; or to authorize initial or continued operation of the emissions unit or to establish a PAL or Air Emissions Bubble. The Department grants authorization to conduct such activities by individual air permit or by air general permit. Activities requiring authorization by individual air construction permit are addressed at subsection 62-210.300(1), F.A.C., and activities requiring authorization by individual air operation permit are addressed at subsection 62-210.300(2), F.A.C. Authorization by air general permit is addressed at section 62-210.300(4), F.A.C. All emissions limitations, controls, and other requirements imposed by any individual air permit such permits shall be at least as stringent as any applicable limitations and requirements contained in or enforceable under the State Implementation Plan (SIP) or that are otherwise federally enforceable. Except as provided at Rule 62-213.460, F.A.C., being authorized to construct, operate, or undertake any other activity by Issuance of a individual air permit or air general permit does not relieve the owner or operator of a facility or an emissions unit from complying with any applicable requirements, any emission limiting standards or other requirements of the air pollution rules of the Department or any other such requirements under federal, state, or local law.

(1) Air Construction Permits.

(a) through (b) No change.

1. Except for those limitations or requirements that are obsolete, all limitations and requirements of an air construction permit shall be included and identified in any air operation permit for the facility or emissions unit. The limitations and requirements included in the air operation permit can be changed, and thereby superseded, through the issuance of an air construction permit, federally enforceable state air operation permit, federally enforceable air general permit, or Title V air operation permit; provided, however, that:

a. through b. No change.

c. Any change in a permit limitation or requirement that originates from a permit issued pursuant to 40 CFR 52.21, subparagraph 62-204.800(11)(10)(d)2., F.A.C., Rule 62-212.400, F.A.C., Rule 62-212.500, F.A.C., or any former codification of Rule 62-212.400 or 62-212.500, F.A.C., shall be accomplished only through the issuance of a new or revised air construction permit under subparagraph 62-204.800(11) (10)(d)2., F.A.C., Rule 62-212.400 or 62-212.500, F.A.C., as appropriate.

2. through 3. No change.

(c) Notwithstanding the provisions of paragraph 62-210.200(1)(a), F.A.C., the owner or operator of any eligible facility who registers to use an air general permit under Rule 62-210.310, F.A.C., or Rule 62-213.300, F.A.C., who is not denied use of the air general permit, and who constructs the facility in compliance with the terms and conditions of the air general permit shall not be required to obtain an air construction permit pursuant to this subsection, provided, however, that any proposed new major stationary source, major modification, or modification that would be a major modification but for the provisions of paragraph 62-212.400(2)(a), F.A.C., shall require authorization by air construction permit.

(2) Air Operation Permits. Upon expiration of the air operation permit for any existing facility or emissions unit;, subsequent to any construction, reconstruction or modification of a facility or emissions unit authorized by an air construction permit, or subsequent to the creation of or change to a bubble, and demonstration of compliance with the conditions of such air the construction permit for any new or modified facility or emissions unit;, subsequent to the establishment of a PAL or any air emissions bubble by air construction permit;, or as otherwise provided in this chapter or Chapter 62-213, F.A.C.;, the owner or operator of such facility or emissions unit shall obtain a renewal air operation permit, an initial air operation permit or air general permit, or an administrative correction or revision of an existing air operation permit, whichever is appropriate, in accordance with all applicable provisions of this chapter, Chapter 62-213 (if the facility is a Title V source), and Chapter 62-4, F.A.C.

(a) Minimum Requirements for All Operation Permits. At a minimum, a permit issued pursuant to this subsection shall:

1. through 3. No change.

4. In the case of an emissions unit permitted pursuant to sub-subparagraphs 62-210.300(2)(a)3.b., c., and d., F.A.C., include reasonable notification and compliance testing requirements for reactivation of such emissions unit and provide that the owner or operator demonstrate to the Department prior to reactivation that such reactivation would not constitute any modification or reconstruction pursuant to this chapter or any federal regulation adopted by reference at Rule subsection 62-204.800(7), F.A.C.

(b) No change.

(c) Notwithstanding the provisions of subsection 62-210.300(2), F.A.C., the owner or operator of any eligible facility who registers to use an air general permit under Rule 62-210.310, F.A.C., or Rule 62-213.300, F.A.C., who is not denied use of the air general permit, and who operates the facility in compliance with the terms and conditions of the air general permit shall not be required to obtain an air operation permit pursuant to this subsection or Rule 62-213.400, F.A.C.

(3) Exemptions. Except as otherwise provided herein, an owner or operator shall not be required to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., for any A facility, emissions unit or pollutant-emitting activity that shall be exempt from the permitting requirements of this chapter, Chapter 62-212 F.A.C., and 62-4, F.A.C., if it satisfies the applicable criteria of paragraph 62-210.300(3)(a) or (b), F.A.C., or if it has been exempted from permitting pursuant to Rule 62-4.040, F.A.C. Failure of a facility, emissions unit or activity to satisfy the exemption criteria of paragraph 62-210.300(3)(a) or (b), F.A.C., does not preclude such facility, emissions unit or activity from being considered for exemption pursuant to Rule 62-4.040, F.A.C. Notwithstanding the above, no emissions unit or activity shall be exempt from the requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., if it would be subject to any unit-specific applicable requirement, including a PAL. Furthermore, no new, reconstructed, or modified emissions unit or activity shall be exempt from the requirement to obtain an air construction permit if its emissions would contribute to a major modification or to any modification that would be a major modification but for the provisions of paragraph 62-212.400(2)(a), F.A.C. An emissions unit Emissions units or and pollutant-emitting activity activities exempt from the requirement to obtain an air construction permit permitting under this rule shall not be exempt from the permitting requirements of Chapter 62-213, F.A.C., if it is they are contained within a Title V source or if its emissions, in combination with the emissions of other emission units and activities at the facility, would cause the facility to be classified as a Title V source.; however, such emissions units and activities shall be considered insignificant for Title V purposes provided they also meet the criteria of subparagraph 62-213.300(2)(a)1. or paragraph 62-213.430(6)(b), F.A.C. Any proposed new emissions unit or activity that would be exempt from permitting under this rule shall not be required to obtain an air construction permit pursuant to this chapter, Chapter 62-212, or 62-4, F.A.C., even if such unit or activity would be contained within a Title V source. No emissions unit shall be entitled to an exemption from permitting under this rule if its emissions, in combination with the emissions of other units and activities at the facility, would cause the facility to emit or have the potential to emit any pollutant in such amount as to make the facility a Title V source. Neither shall any emissions unit be entitled to an exemption from permitting under this rule if it would be subject to any unit-specific applicable requirement, including a PAL. Exemption from the requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., does not relieve any emissions unit or activity from complying with any requirement under 40 CFR Part 60, 61, or 63, adopted and incorporated by reference at Rule 62-204.800, F.A.C., to which it is subject, even if such requirement is not a unit-specific applicable requirement. Furthermore Notwithstanding its exemption from air permitting, an exempt emissions unit or activity shall be subject to any general, facility-level applicable requirements, and its emissions shall be considered in determining the applicability of permitting requirements to other emissions units at the facility or to the facility as a whole.

(a) Categorical and Conditional Exemptions. Except as otherwise provided at subsection 62-210.300(3), F.A.C., above, the following facilities, emissions units, and pollutant-emitting activities shall be exempt from any requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C. The exemptions listed at subparagraphs 62-210.300(3)(a)23. through 36., F.A.C., are valid only if the owner or operator ensures that the conditions of exemption are met.

1. One (1) or more fossil fuel steam generators and hot water generating units located within a single facility; collectively having a total rated heat input equaling 100 million BTU per hour or less; and collectively burning annually no more than 145,000 gallons of fuel oil containing no more than 1.0 percent sulfur, or no more than 290,000 gallons of fuel oil containing no more than 0.5 percent sulfur, or an equivalent prorated amount of fuel oil if multiple fuels are used, provided none of the generators or hot water generating units is subject to the Federal Acid Rain Program or any standard or requirement under 42 U.S.C. section 7411 or 7412.

2. Any individual fossil fuel steam generator and hot water generating unit with a rated heat input equaling 100 million BTU per hour or less and burning annually no more than 150 million standard cubic feet of natural gas or no more than one million gallons of propane or no more than one million gallons of fuel oil containing no more than 0.05 percent sulfur, or an equivalent prorated amount if multiple fuels are used, provided:

a. The total annual fuel consumption for all units exempted by subparagraphs 62-210.300(3)(a)2. and 3., F.A.C., at a facility does not exceed 375 million standard cubic feet of natural gas or 2.5 million gallons of propane or 2.5 million gallons of fuel oil containing no more than 0.05 percent sulfur, or an equivalent prorated amount if multiple fuels are used and;

b. The unit is not subject to the Federal Acid Rain Program or any standard or requirement under 42 U.S.C. 7411 or 7412.

3. One (1) or more fossil fuel steam generators and hot water generating units located within a single facility, collectively having a total rated heat input equaling 10 million BTU per hour or less, and fired exclusively by natural gas or propane, provided:

a. During periods of natural gas curtailment, only propane or fuel oil containing no more than 1.0 percent sulfur is fired; and,

b. None of the generators or hot water heating units is subject to the Federal Acid Rain Program or any standard or requirement under 42 U.S.C. section 7411 or 7412.

4. through 17. renumbered 1. through 14. No change.

15. Fire and safety equipment.

16. Petroleum lubrication systems.

17. Application of fungicide, herbicide, or pesticide.

18. Asbestos renovation and demolition activities.

19. Vehicle refueling operations and associated fuel storage.

20. Restaurants.

21. Burning of drugs seized by law enforcement agencies in boilers with a heat input of 250 million Btu per hour or more.

22. Phosphogypsum cooling ponds and inactive phosphogypsum stacks which have demonstrated compliance with the requirements of 40 CFR Part 61, Subpart R, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

23. Degreasing units using heavier-than-air vapors exclusively, provided that such units shall not use any substance containing any hazardous air pollutant.

24. Non-halogenated solvent storage and cleaning operations, provided that such operations shall not use any solvent containing any hazardous air pollutant.

25.18. Petroleum dry cleaning facilities, provided the with a solvent consumption shall be of less than 3,250 gallons per year.

26.19. Portable aAir cCurtain iIncinerators, provided the following conditions are met. An air curtain incinerator shall be exempt from any requirement to obtain an air construction permit or non-Title V air operation permit provided it is constructed and operated in compliance with all of the following conditions.

a. Except as provided at sub-subparagraph c. 62-210.300(3)(a)19.c., F.A.C., only land clearing debris and appropriate starting fuel shall be burned in the air curtain incinerator. The air curtain incinerator shall not be used to burn any material prohibited to be open-burned as set forth at subsection 62-256.300(3), F.A.C. Only kerosene, diesel fuel, drip torch fuel (as used to ignite prescribed fires), untreated wood, virgin oil, natural gas or liquefied petroleum gas shall be used to start the fire in the air curtain incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited.

b. The air curtain incinerator, alone or in combination with any other air curtain incinerator(s) claiming this exemption from air permitting, shall not be deployed at a single site for more than six (6) months in any consecutive twelve (12) months month period and, except as provided at sub-subparagraph c. 62-210.300(3)(a)19.c., F.A.C., shall not burn any material other than land clearing debris generated at the site or at any other site under control of the same person (or persons under common control). For purposes of this provision rule, a site is any and all locations on one (1) or more contiguous or adjacent properties which are under the control of the same person (or persons under common control), except that, in the case of a linear right-of-way, a site is any and all locations within any one-mile span of right-of-way. Any deployment of one (1) or more air curtain incinerators at a single site for more than six (6) months in any consecutive twelve (12) months 12-month period, and, except as provided at sub-subparagraph c. 62-210.300(3)(a)19.c., F.A.C., any use of an air curtain incinerator at a site to burn material other than land clearing debris generated at the site or any other site under control of the same person (or persons under common control), shall require an appropriate air permit.

c. Notwithstanding the provisions of sub-subparagraphs a. and b. 62-210.300(3)(a)19.a. and b., F.A.C., the air curtain incinerator may be used for up to six (6) months in any consecutive twelve (12) months 12-month period at any location for the destruction of animal carcasses in accordance with the provisions of subsection 62-256.700(6), F.A.C., the burning of storm-generated debris in accordance with the provisions of subsection 62-256.700(8), F.A.C., or the destruction of insect or disease-infested vegetation in accordance with the provisions of subsection 62-256.700(9), F.A.C. When using an air curtain incinerator to burn animal carcasses, untreated wood may also be burned to maintain good combustion.

d. through f. No change.

g. In accordance with the provisions of 40 CFR Part 60, Subparts AAAA, BBBB, CCCC, and DDDD, adopted and incorporated by reference at Rule 62-204.800, F.A.C., Vvisible emissions from the air curtain incinerator shall not exceed ten percent (10%) opacity, six (6) minute average, except for up to thirty (30) minutes during periods of startup when visible emissions up to thirty-five percent (35%) opacity, six (6) minute average, shall be allowed. For purposes of this exemption, these visible emissions limitations shall not be considered unit-specific applicable requirements.

h. through l. No change.

m. If the air curtain incinerator is operated in compliance with all conditions of this exemption, it shall not be subject to any testing, reporting, or recordkeeping requirement for air curtain incinerators under 40 CFR Part 60, Subpart AAAA, BBBB, CCCC, or DDDD, adopted and incorporated by reference at Rule 62-204.800, F.A.C.; nor shall it be subject to the requirements of subsection 62-296.401(7), F.A.C.

20. One (1) or more emergency generators located within a single facility provided:

a. None of the emergency generators is subject to the Federal Acid Rain Program; and

b. Total fuel consumption by all such emergency generators within the facility is limited to 32,000 gallons per year of diesel fuel, 4,000 gallons per year of gasoline, 4.4 million standard cubic feet per year of natural gas or propane, or an equivalent prorated amount if multiple fuels are used.

21. One (1) or more heating units, general purpose internal combustion engines, or other combustion devices, all of which are located within a single facility, are not listed elsewhere in paragraph 62-210.300(3)(a), F.A.C., and are not pollution control devices, provided:

a. None of the heating units, general purpose internal combustion engines, or other combustion devices that would be exempted is subject to the Federal Acid Rain Program;

b. Total fuel consumption by all such heating units, general purpose internal combustion engines, and other combustion devices that would be exempted is limited to 32,000 gallons per year of diesel fuel, 4,000 gallons per year of gasoline, 4.4 million standard cubic feet per year of natural gas or propane, or an equivalent prorated amount if multiple fuels are used; and

c. Fuel for the heating units, general purpose internal combustion engines, and other combustion devices that would be exempted is limited to natural gas, diesel fuel, gasoline and propane.

22. Fire and safety equipment.

27.23. Surface coating operations within a single facility if the total quantity of coatings containing greater than 5.0 percent VOCs, by volume, used is 6.0 gallons per day or less, averaged monthly, provided:

a. The surface coating operation shall use only coatings containing 5.0 percent or less VOC, by volume, or the total quantity of coatings containing greater than 5.0 percent VOC, by volume, used at the facility shall not exceed 6.0 gallons per day, averaged monthly, where the quantity of coatings used includes all solvents and thinners used in the process or for cleanup; and

b.a. Such operations are not subject to any unit-specific applicable requirement. a volatile organic compound Reasonably Available Control Technology (RACT) requirement of Chapter 62-296, F.A.C.; and

b. The amount of coatings used shall include any solvents and thinners used in the process including those used for cleanup.

24. Surface coating operations utilizing only coatings containing 5.0 percent or less VOCs, by volume.

25. Phosphogypsum cooling ponds and inactive phosphogypsum stacks which have demonstrated compliance with the requirements of 40 C.F.R. Part 61, Subpart R, hereby adopted and incorporated by reference.

26. Degreasing units using heavier-than-air vapors exclusively, except any such unit using or emitting any substance classified as a hazardous air pollutant.

28.27. Volume reduction processes as defined in Rule 62-296.417, F.A.C., provided wherein the owner or operator shall manage manages only spent mercury-containing lamps removed from the facility where the volume reduction process is located.

29.28. Mercury recovery processes as defined in Rule 62-296.417, F.A.C., provided wherein the owner or operator shall manage manages only spent mercury-containing devices temporarily or permanently removed from service from the owner or operator’s own facilities or installations.

30.29. Bulk gasoline plants, provided:

a. Such operations are not conducted at a facility that is subject to the permitting requirements of Chapter 62-213, F.A.C., and the emissions from such operations would not contribute to total emissions that would make the facility subject to those requirements;

b. through c. renumber a. through b. No change.

c.d. The facility shall does not exceed a throughput rate (receive and distribute) of 1.3 million gallons of gasoline in any consecutive twelve (12) months period;

d.e. The facility is not subject to any unit-specific applicable requirement Standard of Performance for New Stationary Sources (NSPS) requirement adopted by reference in Rule 62-204.800, F.A.C.; and

e.f. No change.

30. Petroleum lubrication systems.

31. Application of fungicide, herbicide, or pesticide.

32. Asbestos renovation and demolition activities.

33. Non-halogenated solvent storage and cleaning operations, provided the solvents contain none of the hazardous air pollutants listed at Rule 62-210.200, F.A.C.

34. Vehicle refueling operations and associated fuel storage.

35. Restaurants.

36. Burning of drugs seized by law enforcement agencies in boilers with a heat input of 250 million BTU per hour or more.

31.37. Relocatable wet screening-only operations, provided:

a. The screening operation is not connected to a nonmetallic mineral processing plant subject to 40 CFR Part 60, Subpart OOO, adopted and incorporated by reference at Rule 62-204.800, F.A.C.;

b. No dry material is processed; and

b.c. No hazardous waste or toxic waste, as defined in section 403.703, F.S., shall be Department rules, is processed; and.

c. The operation shall not operate at a single site for more than six (6) months in any consecutive twelve (12) months. For purposes of this provision, a site is any and all locations on one or more contiguous or adjacent properties which are under the control of the same person (or persons under common control).

32.38. Brownfield site remediation, as described at Rule 62-785.700, F.A.C., provided that the total volatile organic compounds in the air emissions from all onsite remediation equipment shall does not exceed 13.7 pounds per day.

33. Fossil fuel steam generators, hot water generators, and other external combustion heating units with heat input capacity equal to or less than 10 million Btu per hour, provided the following conditions are met with respect to each such unit.

a. The unit is not subject to the Acid Rain Program, CAIR Program, or any unit-specific applicable requirement.

b. The rated heat input capacity of the unit is equal to or less than 10 million Btu per hour and, collectively, the total rated heat input capacity of all units claiming this exemption at the same facility is less than 10 million Btu per hour.

c. The unit shall not burn used oil or any fuels other than natural gas or propane, except that fuel oil with a sulfur content not exceeding 1.0 percent by weight may be burned during periods of natural gas curtailment.

34. Fossil fuel steam generators, hot water generators, and other external combustion heating units with heat input capacity less than 100 million Btu per hour, provided the following conditions are met with respect to each such unit.

a. The unit is not subject to the Acid Rain Program, CAIR Program, or any unit-specific applicable requirement.

b. The rated heat input capacity of the unit is less than 100 million Btu per hour and, collectively, the total rated heat input capacity of all units claiming this exemption at the same facility is less than 250 million Btu per hour.

c. The unit shall not burn more than the maximum annual amount of a single fuel, as given in sub-subparagraph e., or equivalent maximum annual amounts of multiple fuels, as addressed in sub-subparagraph f.

d. Collectively, all units claiming this exemption at the same facility shall not burn more than the collective maximum annual amount of a single fuel, as given in sub-subparagraph g., or equivalent collective maximum annual amounts of multiple fuels, as addressed in sub-subparagraph h.

e. If burning only one (1) type of fuel, the annual amount of fuel burned by the unit shall not exceed 150 million standard cubic feet of natural gas, one million gallons of propane, one million gallons of fuel oil with a sulfur content not exceeding 0.05 percent, by weight, 290,000 gallons of fuel oil with a sulfur content not exceeding 0.5 percent, by weight, or 145,000 gallons of fuel oil with a sulfur content not exceeding 1.0 percent, by weight.

f. If burning more than one (1) type of fuel, the equivalent annual amount of each fuel burned by the unit shall not exceed the maximum annual amount of such fuel, as given in sub-subparagraph e., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the total annual amount of the fuel burned by the unit to the total annual amount of such fuel allowed to be burned by the unit pursuant to sub-subparagraph e. The sum of the fuel percentages for all fuels burned by the unit must be less than or equal to 100 percent.

g. If burning only one (1) type of fuel, the collective annual amount of fuel burned by all units claiming this exemption at the same facility shall not exceed 375 million standard cubic feet of natural gas, 2.5 million gallons of propane, 2.5 million gallons of fuel oil with a sulfur content not exceeding 0.05 percent, by weight, 290,000 gallons of fuel oil with a sulfur content not exceeding 0.5 percent, by weight, or 145,000 gallons of fuel oil with a sulfur content not exceeding 1.0 percent, by weight.

h. If burning more than one (1) type of fuel, the equivalent collective annual amount of each fuel burned by the units claiming this exemption at the same facility shall not exceed the collective maximum annual amount of such fuel, as given in subparagraph g., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the total annual amount of the fuel burned by all units claiming this exemption at the same facility to the total annual amount of such fuel allowed to be burned by all units claiming this exemption at the same facility pursuant to sub-subparagraph g. The sum of the fuel percentages for all fuels burned by the units claiming this exemption at the same facility must be less than or equal to 100 percent.

35. Emergency generators, general purpose internal combustion engines, and other reciprocating internal combustion devices, provided the following conditions are met with respect to each such unit.

a. The unit is not subject to the Acid Rain Program, CAIR Program, or any unit-specific applicable requirement.

b. The unit shall not burn used oil or any fuels other than natural gas, propane, gasoline, and diesel fuel.

c. Collectively, all units claiming this exemption at the same facility shall not burn more than the collective maximum annual amount of a single fuel, as given in sub-subparagraph d., or equivalent collective maximum annual amounts of multiple fuels, as addressed in sub-subparagraph e.

d. If burning only one (1) type of fuel, the collective annual amount of fuel burned by all units claiming this exemption at the same facility shall not exceed 2,700 gallons of gasoline, 32,000 gallons of diesel fuel, 144,000 gallons of propane, or 4.4 million standard cubic feet of natural gas.

e. If burning more than one (1) type of fuel, the equivalent collective annual amount of each fuel burned by the units claiming this exemption at the same facility shall not exceed the collective maximum annual amount of such fuel, as given in sub-subparagraph d., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the total amount of the fuel burned by all units claiming this exemption at the same facility to the total amount of such fuel allowed to be burned by all units claiming this exemption at the same facility pursuant to sub-subparagraph d. The sum of the fuel percentages for all fuels burned by the units claiming this exemption at the same facility must be less than or equal to 100 percent.

36. Printing operations, provided:

a. The facility is not subject to any unit-specific applicable requirement;

b. The facility shall use less than 667 gallons of materials containing any hazardous air pollutants in any consecutive twelve (12) months; and

c. The facility shall:

(I) Operate only heatset offset lithographic printing lines and use less than 20,000 pounds, combined, of ink, cleaning solvent, and fountain solution additives in any consecutive twelve (12) months;

(II) Operate only non-heatset offset lithographic printing lines and use less than 2,850 gallons, combined, of cleaning solvent and fountain solution additives in any consecutive twelve (12) months;

(III) Operate only digital printing lines and use less than 2,425 gallons, combined, of solvent based inks, clean-up solutions, and other solvent-containing materials in any consecutive twelve (12) months;

(IV) Operate only screen or letterpress printing lines and use less than 2,850 gallons, combined, of solvent based inks, clean-up solutions, and other solvent-containing materials in any consecutive twelve (12) months;

(V) Operate only water-based or ultraviolet-cured-material flexographic or rotogravure printing lines and use less than 80,000 pounds, combined, of water-based inks, coatings, and adhesives in any consecutive twelve (12) months; or

(VI) Operate only solvent-based material flexographic or rotogravure printing lines and use less than 20,000 pounds, combined, of inks, dilution solvents, coatings, cleaning solutions, and adhesives in any consecutive twelve (12) months.

(b) Generic and Temporary Exemptions.

1. Generic Emissions Unit or Activity Exemption. Except as otherwise provided at subsection 62-210.300(3), F.A.C., above, an An emissions unit or pollutant-emitting activity that is not entitled to a categorical or conditional exemption pursuant to paragraph 62-210.300(3)(a), F.A.C., shall be exempt from any requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., permitting requirements of this chapter, Chapters 62-212 and 62-4, F.A.C., if it meets all of the following criteria:

a. through c. No change.

d. In the case of a proposed new emissions unit at an existing facility, the emissions of such unit, in combination with the emissions of any other proposed new or modified units and activities at the facility, would not result in a modification subject to the preconstruction review requirements of subparagraph 62-204.800(11)(10)(d)2., Rule 62-212.400 or 62-212.500, F.A.C.

e. No change.

2. Generic Facility Exemption. Except as otherwise provided at subsection 62-210.300(3), F.A.C., a A facility that is not entitled to a categorical or conditional exemption pursuant to paragraph 62-210.300(3)(a), F.A.C., shall be exempt from any requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., the permitting requirements of this chapter, Chapters 62-212 and 62-213, F.A.C, and Chapter 62-4, F.A.C., if all of the emissions units and activities within the facility, including any proposed new emissions units and activities, individually meet the exemption criteria of paragraph 62-210.300(3)(a), F.A.C., or subparagraph 62-210.300(3)(b)1., F.A.C., or if the facility meets all of the following criteria:

a. through c. No change.

3. through 4. No change.

(c) Conditional Exemptions from From Title V Air Permitting. Except as otherwise provided herein, the The following facilities shall be are exempt from the requirement requirements to obtain a Title V air operation permit under the provisions of Chapter 62-213, F.A.C., provided the conditions of exemption for each such facility are met. Facilities exempt from Title V air permitting pursuant to subparagraph 62-210.300(3)(c)2., F.A.C., but are not exempt from the requirement to obtain an air construction permit or non-Title V air operation permit any other air permits as may be required under this rule unless also exempt from permitting under paragraph 62-210.300(3)(a) or (b), F.A.C., or Rule 62-4.040, F.A.C. A facility shall is not be entitled to an exemption from Title V air permitting under this rule if it is a Title V source pursuant to paragraph (f), (g), or (h) of the definition of “major source of air pollution” or the facility would be classified as a Title V source as a result of the combined potential to emit regulated pollutants of all emissions units at the facility.

1. Facilities authorized to operate under any of the air general permits provided at subsection 62-210.310(4), F.A.C.

2.1. Facilities comprising asphalt Asphalt concrete plants, provided the following conditions are met.:

a. through h. No change.

i. The owner or operator shall submit a stack test using EPA Reference Method 5 or 5A and a visible emission (VE) test using EPA Reference Method 9, incorporated and adopted by reference in Rule 62-204.800, F.A.C. Chapter 62-297, F.A.C., that demonstrate compliance with the applicable PM and VE standards, respectively, to the Department by March 15, 1996, and annually thereafter during each federal fiscal year (October 1-September 30). The initial tests shall have been conducted between March 16, 1995 and March 15, 1996.

j. An asphalt plant claiming this exemption from Title V air permitting shall not collocate with, or relocate to, any Title V source; nor shall it create a Title V source in combination with any other collocated facilities, emissions units, or pollutant-emitting activities, including any such facility, emissions unit, or activity that is otherwise exempt from permitting. The owner or operator of any asphalt plant in operation as of January 1, 1996, shall notify the appropriate permitting authority, with a copy to the Division of Air Resources Management, in writing, not later than March 15, 1996. Such notification shall include a statement that the facility is operating in compliance with the provisions of subparagraph 62-210.300(3)(c)1., F.A.C., and that the facility agrees to continue to operate in compliance with these provisions. If such facility has a valid air operation permit, the permit will be updated by the Department to incorporate the requirements of sub-subparagraphs 62-210.300(3)(c)1.a. through i., F.A.C. If such facility does not have a valid air operation permit, the facility shall apply to the Department for an air operation permit not later than March 15, 1996.

k. The owner or operator of any facility claiming this exemption must have authorization to operate by a non-Title V air operation permit asphalt plant which commences operation after January 1, 1996, must request that implements the requirements of sub-subparagraphs 62-210.300(3)(c)2.1.a. through j.i., F.A.C., be incorporated into the facility’s air operation permit.

2. Bulk gasoline plants, provided the following conditions are met:

a. The facility operates no emissions units other than the bulk gasoline plant and emissions units which are exempt from permitting pursuant to the criteria of paragraph 62-210.300(3)(a) or (b), F.A.C., or have been exempted from permitting under Rule 62-4.040, F.A.C.;

b. The facility shall receive and distribute only petroleum-based lubricants, gasoline, diesel fuel, mineral spirits and kerosene.

c. The total storage capacity for gasoline at the facility shall not exceed 150,000 gallons.

d. The facility shall not exceed a throughput rate (receive and distribute) of 6.0 million gallons of gasoline in any consecutive twelve (12)-month period.

e. The owner or operator of the facility maintains records to document the throughput rate of gasoline on a monthly basis. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years.

f. The owner or operator submits a completed Bulk Gasoline Plant Air General Permit Notification Form (DEP Form No. 62-210.920(2)), showing entitlement to the use of the general permit, to the Department at least thirty (30) days prior to beginning operations under the general permit.

g. The owner or operator of any bulk gasoline plant in operation as of January 1, 1996, which is not entitled to an air general permit shall notify the appropriate permitting authority, with a copy to the Division of Air Resources Management, in writing, not later than March 15, 1996. Such notification shall include a statement that the facility is operating in compliance with the provisions of subparagraph 62-210.300(3)(c)2., F.A.C., and that the facility agrees to continue to operate in compliance with these provisions. If such facility has a valid air operation permit, the permit will be updated by the Department to incorporate the requirements of sub-subparagraphs 62-210.300(3)(c)2.a. through c., F.A.C. If such facility does not have a valid air operation permit, the facility shall apply to the Department for an air operation permit not later than March 15, 1996. The owner or operator of any such bulk gasoline plant which commences operation after January 1, 1996, must request that the requirements of sub-subparagraphss 62-210.300(3)(c)2.a. through c., F.A.C., be incorporated into the facility’s air operation permit.

3. Facilities comprising heating units and general purpose internal combustion engines, provided the following conditions are met:

a. The facility operates no emissions units other than the heating units and general purpose internal combustion engines and emissions units which are exempt from permitting pursuant to the criteria of paragraph 62-210.300(3)(a) or (b), F.A.C., or have been exempted from permitting under Rule 62-4.040, F.A.C.

b. None of the heating units or general purpose internal combustion engines is subject to the Federal Acid Rain Program as defined at Rule 62-210.200, F.A.C.

c. Each of the heating units or general purpose internal combustion engines meets the general visible emissions standard of paragraph 62-296.320(4)(b), F.A.C.

d. Total fuel consumption by all heating units and general purpose internal combustion engines within the facility is limited to 250,000 gallons per year of diesel fuel, 22,000 gallons per year of gasoline, 35 million standard cubic feet per year of natural gas or propane, or an equivalent prorated amount if multiple fuels are used.

e. The owner or operator of the facility maintains records to document the fuel consumption, by type, for each emissions unit. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years.

f. The owner or operator submits a completed Heating Units and General Purpose Internal Combustion Engines Air General Permit Notification Form (DEP Form No. 62-210.920(3)), showing entitlement to the use of the general permit, to the Department at least thirty (30) days prior to beginning operations under the general permit.

4. Facilities comprising surface coating operations, provided the following conditions are met:

a. The facility operates no emissions units other than the surface coating operations and emissions units which are exempt from permitting pursuant to the criteria of paragraph 62-210.300(3)(a) or (b), F.A.C., or have been exempted from permitting under Rule 62-4.040, F.A.C.

b. Such operations are not subject to a volatile organic compound Reasonably Available Control Technology (RACT) emission limiting standard of Chapter 62-296, F.A.C.

c. The amount of coatings used shall include any solvents and thinners used in the process including those used for cleanup.

d. The total quantity of VOCs in such coatings is forty-four (44) pounds per day or less, averaged monthly.

e. The owner or operator of the facility maintains records to document the VOC content and the quantity of the coatings used. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years.

f. The owner or operator submits a completed Surface Coating Operations Air General Permit Notification Form (DEP Form No. 62-210.920(4)), showing entitlement to the use of the general permit, to the Department at least thirty (30) days prior to beginning operations under the general permit.

5. Facilities comprising polyester resin plastic products fabrication activities, provided the following conditions are met:

a. The facility operates no emissions units other than the polyester resin plastic products fabrication units and emissions units which are exempt from permitting pursuant to the criteria of paragraph 62-210.300(3)(a) or (b), F.A.C., or have been exempted from permitting under Rule 62-4.040, F.A.C.

b. Such operations are not subject to a volatile organic compound Reasonably Available Control Technology (RACT) emission limiting standard of Chapter 62-296, F.A.C.

c. The combined quantity of styrene-containing resin and gelcoat used shall not exceed 76,000 pounds (thirty-eight (38) tons) in any consecutive twelve (12)month period.

d. The owner or operator of the facility maintains records to document the quantity of resin and gelcoat used on a monthly basis. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years.

e. The owner or operator submits a completed Polyester Resin Plastic Products Fabrication Air General Permit Notification Form (DEP Form No. 62-210.920(5)), showing entitlement to the use of the general permit, to the Department at least thirty (30) days prior to beginning operations under the general permit.

6. Facilities comprising cast polymer operations, provided the following conditions are met:

a. The facility operates no emissions units other than the cast polymer operations and emissions units which are exempt from permitting pursuant to the criteria of paragraph 62-210.300(3)(a) or (b), F.A.C., or have been exempted from permitting under Rule 62-4.040, F.A.C.

b. Such operations are not subject to a volatile organic compound Reasonably Available Control Technology (RACT) emission limiting standard of Chapter 62-296, F.A.C.

c. The combined quantity of styrene-containing resin and gel coat used shall not exceed 284,000 pounds (142 tons) in any consecutive twelve (12)-month period.

d. The owner or operator of the facility maintains records to document the quantity of resin and gel coat used on a monthly basis. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years.

e. The owner or operator submits a completed Cast Polymer Operations Air General Permit Notification Form (DEP Form No. 62-210.920(6)), showing entitlement to the use of the general permit, to the Department at least thirty (30) days prior to beginning operations under the general permit.

(4) Authorization by Air General Permits.

(a) Title V Sources. Certain facilities may use are eligible to operate under the terms of an air general permit pursuant to the procedures and general conditions of Rule 62-210.310, F.A.C., Air General Permits, or Rule 62-213.300, F.A.C., Title V Air General Permits. These facilities are specified in Rules 62-210.310 and 62-213.300, F.A.C. The owner or operator of any eligible facility who registers to use an air general permit under either of these rules, who is not denied use of the air general permit, Unless otherwise specified in Rule 62-213.300, F.A.C., the responsible official of any facility that is eligible and has submitted notification to use an air general permit pursuant to Rule 62-213.300, F.A.C., and who operates the facility in compliance with the terms and conditions of the air general permit shall not be required to obtain an air construction permit pursuant to subsection 62-210.300(1), F.A.C., or an In addition, such responsible official shall not be required to obtain a regular air operation permit pursuant to subsection 62-210.300(2), F.A.C., or Rule 62-213.400, F.A.C. a regular Title V air operation permit pursuant to Chapter 62-213, F.A.C.

(b) Facilities with Conditional Exemptions from Title V Air Permitting. No facility which contains an emissions unit, other than a unit described in an air general permit under this paragraph or a unit exempted from permitting pursuant to paragraph 62-210.300(3)(a) or (b), F.A.C., or Rule 62-4.040, F.A.C., shall be eligible to use any air general permit in this paragraph. No facility is eligible to use more than one (1) air general permit under this paragraph. The following facilities are eligible to operate under the terms of an air general permit issued pursuant to the procedures and general conditions of paragraphs 62-210.300(4)(d) through (e), F.A.C., provided all existing air permits authorizing operation of the facility are surrendered, all requirements of this paragraph are met, and the facility complies with the terms and conditions of the particular air general permit throughout the term of the air general permit:

a. The facility complies with the requirements for a conditional exemption from Title V permitting pursuant to subparagraph 62-210.300(3)(c)2., F.A.C.; 1. Bulk gasoline plants, provided the owner or operator timely submits a completed Bulk Gasoline Plant Air General Permit Notification Form (DEP Form No. 62-210.920(2)) to the Department and, throughout the term of the general permit:

b. The facility is not subject to any Standard of Performance for New Stationary Sources (NSPS) requirement adopted by reference in subsection 62-204.800(7), F.A.C.; and

c. The facility is not subject to any volatile organic compound Reasonably Available Control Technology (RACT) requirement of Chapter 62-296, F.A.C.

2. Facilities comprising heating units and general purpose internal combustion engines, provided the owner or operator timely submits a completed Heating Units and General Purpose Internal Combustion Engines Air General Permit Notification Form (DEP Form No. 62-210.920(3)) to the Department and, throughout the term of the general permit:

a. The facility complies with the requirements for a conditional exemption from Title V permitting pursuant to subparagraph 62-210.300(3)(c)3., F.A.C.; and

b. The owner or operator voluntarily encourages pollution prevention through such measures as employing energy conservation measures to reduce the demand for heat from any heating units, maintaining heating units to ensure efficient heat recovery, considering the use of economizers to recycle waste heat back into the combustion air stream, developing operating procedures to reduce the load on any internal combustion engines, and considering the use of alternative fuels.

3. Facilities comprising surface coating operations, provided the owner or operator timely submits a completed Surface Coating Operations Air General Permit Notification Form (DEP Form No. 62-210.920(4)) to the Department and, throughout the term of the general permit:

a. The facility complies with the requirements for a conditional exemption from Title V permitting pursuant to subparagraph 62-210.300(3)(c)4., F.A.C.; and

b. The owner or operator voluntarily encourages pollution prevention through such measures as training employees involved in surface coating operations on methods of reducing VOC emissions by maintaining spray coating equipment to ensure effective application with a minimum of overspray, monitoring the coating thickness to avoid excessive coating, considering the use of low-VOC coatings (e.g., waterborne, ultraviolet cured, or powder coatings), implementing inventory control practices to prevent spillage, and implementing management practices to reduce VOC emissions during cleanup (e.g., spraying light colored coatings before dark colored coatings to reduce the number of cleaning cycles, recycling cleaning solvents or using water-based cleaners).

4. Facilities comprising polyester resin plastic products fabrication activities, provided the owner or operator timely submits a completed Polyester Resin Plastic Products Fabrication Air General Permit Notification Form (DEP Form No. 62-210.920(5)) to the Department and, throughout the term of the general permit:

a. The facility complies with the requirements for a conditional exemption from Title V permitting pursuant to subparagraph 62-210.300(3)(c)5., F.A.C.;

b. The facility complies with the objectionable odor prohibition of subsection 62-296.320(2), F.A.C.; and

c. The owner or operator voluntarily encourages pollution prevention through such measures as training employees involved in product fabrication on methods of reducing evaporative losses by lessening the exposure of fresh resin surfaces to the air, maintaining spray lay-up equipment to ensure effective application with a minimum of overspray, monitoring the coating thickness of avoid excessive resin/gelcoat application, implementing inventory control practices to prevent spillage, and managing cleanup solvents.

5. Facilities comprising cast polymer operations, provided the owner or operator timely submits a completed Cast Polymer Operations Air General Permit Notification Form (DEP Form No. 62-210.920(6)) to the Department and, throughout the term of the general permit:

a. The facility complies with the requirements for a conditional exemption from Title V permitting pursuant to subparagraph 62-210.300(3)(c)6., F.A.C.;

b. The facility complies with the objectionable odor prohibition of subsection 62-296.320(2), F.A.C.; and

c. The owner or operator voluntarily encourages pollution prevention through such measures as training employees involved in product fabrication on methods of reducing evaporative losses by lessening the exposure of fresh resin surfaces to the air, maintaining spray lay-up equipment to ensure effective application with a minimum of overspray, monitoring the coating thickness to avoid excessive resin/gel coat application, implementing inventory control practices to prevent spillage, and managing cleanup solvents.

(c) Other Non-Title V Air General Permits. No facility which contains an emissions unit, other than a unit described in an air general permit under this paragraph or a unit exempted from permitting pursuant to paragraph 62-210.300(3)(a) or (b), F.A.C., or Rule 62-4.040, F.A.C., shall be eligible to use any air general permit in this paragraph. Unless specifically authorized by the particular air general permit, no facility is eligible to use more than one (1)air general permit under this paragraph. In no event, however, shall any emissions unit be eligible to use any air general permit in this paragraph if the unit would be a Title V source as defined at Rule 62-210.200, F.A.C., be located at or relocated to a Title V source, or create a Title V source with other facilities or emissions units. The following facilities are eligible to operate under the terms of an air general permit pursuant to the procedures and general conditions of paragraphs 62-210.300(4)(d) through (e), F.A.C., provided all existing air permits authorizing operation of the facility are surrendered, all requirements of this paragraph are met, and the facility complies with the terms and conditions of the particular air general permit throughout the term of the air general permit:

1. Volume reduction, mercury recovery, and mercury reclamation processes as defined in and subject to the requirements of Rule 62-296.417, F.A.C., provided the owner or operator submits a completed Volume Reduction, Mercury Recovery or Mercury Reclamation Air General Permit Notification Form (DEP Form No. 62-210.920(1)) to the Department at least thirty (30) days prior to beginning operations under the general permit and, throughout the term of the general permit, the facility does not emit or have the potential to emit ten (10) tons per year or more of mercury.

2. Concrete batching plants as subject to the requirements of Rule 62-296.414, F.A.C., provided:

a. The owner or operator timely submits a completed Concrete Batching Plant Air General Permit Notification Form (DEP Form No. 62-210.920(7)) to the Department. The owner or operator of any proposed new concrete batching plant shall publish a notice of intent to use the general permit in a newspaper of general circulation in the area affected by the proposed project no more than twenty-one (21) days prior to submitting a completed notification form to the Department, shall submit a completed notification form with proof of notice publication to the Department at least thirty (30) days prior to beginning construction, and shall demonstrate compliance no more than thirty (30) days after beginning operation. The Department shall provide the format for the notice of intent;

b. Throughout the term of the air general permit, the owner or operator complies with the requirements of Rule 62-296.414, F.A.C.;

c. The owner or operator of any relocatable concrete batching plant proposing to change location shall submit a Facility Relocation Notification Form (DEP Form No. 62-210.900(6)) to the Department at least thirty (30) days prior to relocation;

d. The owner or operator of a stationary concrete batching plant using an air general permit may operate a stationary nonmetallic mineral processing plant using an air general permit at the same location provided all concrete batching plant units operate under a single concrete batching plant air general permit, all nonmetallic mineral processing plant units operate under a single nonmetallic mineral processing plant air general permit, and the resultant facility contains no additional nonexempt units and would not be a Title V source;

e. The owner or operator of a stationary concrete batching plant using an air general permit may operate, or allow the operation of, one or more relocatable nonmetallic mineral processing plants using individual air general permits at the same location as the concrete batching plant provided the resultant facility contains no additional nonexempt units, the total combined annual facility-wide fuel oil usage of all plants is less than 240,000 gallons per calendar year, the material processed is less than 10 million tons per calendar year, and the fuel oil sulfur content does not exceed 0.5%, by weight. The owner or operator of the concrete batching plant shall maintain a log book to account for fuel consumption and material processed on a monthly basis. Fuel supplier certifications shall be maintained to account for the sulfur content of the fuel being burned; and

f. The owner or operator of multiple relocatable concrete batching plants using individual concrete batching plant air general permits may operate more than one such plant at the same location provided the resultant facility contains no additional nonexempt units and would not be a Title V source.

3. Human crematories as subject to the requirements of subsection 62-296.401(5), F.A.C., provided:

a. The owner or operator obtains an air construction permit pursuant to subsection 62-210.300(1), F.A.C., and at least thirty (30) days prior to the expiration date of any air construction or existing air operation permit the owner or operator submits a completed Human Crematory Air General Permit Notification Form (DEP Form No. 62-210.920(8)) to the Department;

b. Throughout the term of the air general permit, the owner or operator complies with the requirements of subsection 62-296.401(5), F.A.C.; and

c. The owner or operator may use a human crematory air general permit and an animal crematory air general permit at the same facility provided all human crematory units operate under a single human crematory air general permit and all animal crematory units operate under a single animal crematory air general permit.

4. Animal crematories with aggregate facility design capacity to cremate 500 pounds per hour or less, as subject to the requirements of subsection 62-296.401(6), F.A.C., provided:

a. The owner or operator obtains an air construction permit pursuant to subsection 62-210.300(1), F.A.C., and at least thirty (30) days prior to the expiration date of any air construction or existing air operation permit the owner or operator submits a completed Animal Crematory Air General Permit Notification Form (DEP Form No. 62-210.920(9)) to the Department;

b. Throughout the term of the air general permit, the owner or operator complies with the requirements of subsection 62-296.401(6), F.A.C.; and

c. The owner or operator may use a human crematory air general permit and an animal crematory air general permit at the same facility provided all human crematory units operate under a single human crematory air general permit and all animal crematory units operate under a single animal crematory air general permit.

5. Nonmetallic mineral processing plants, provided the owner or operator timely submits a completed Nonmetallic Mineral Processing Plant Air General Permit Notification Form (DEP Form No. 62-210.920(10)) to the Department, and, throughout the term of the general permit complies with the following terms and conditions:

a. For purposes of this rule, the definitions of 40 CFR 60.671, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall apply;

b. The owner or operator of any relocatable nonmetallic mineral processing plant proposing to change location shall notify the Department by phone prior to changing location and submit a Facility Relocation Notification Form (DEP Form No. 62-210.900(6)) to the Department no later than one (1) business day following relocation;

c. For all relocatable nonmetallic mineral processing plants, except those located at mines or quarries and processing only material from onsite natural deposits, and for all stationary nonmetallic mineral processing plants processing dry material, the owner or operator shall have a water suppression system with spray bars located at the feeder(s), the entrance and exit of the crusher(s), the classifier screens, and the conveyor drop points;

d. The owner or operator shall comply with paragraph 62-296.320(4)(c), F.A.C., using the following reasonable precautions:

(i) Unconfined emissions that might be generated from various activities throughout a nonmetallic mineral processing plant processing dry material shall be controlled by using a water suppression system with spray bars located at the feeder(s), the entrance and exit of the crusher(s), the classifier screens, and the conveyor drop points.

(ii) Unconfined emissions that might be generated by vehicular traffic or wind shall be controlled by applying water (by water trucks equipped with spray bars) or effective dust suppressant(s) on a regular basis to all stockpiles, roadways and work-yards where this nonmetallic mineral processing plant is located;

e. The owner or operator shall comply with the following emissions standards, as applicable:

(i) Stack emissions from any crusher, grinding mill, screening operation, bucket elevator, transfer point on belt conveyors, bagging operation, storage bin, enclosed truck or railcar loading station, or any other affected emission point subject to 40 CFR Part 60, Subpart OOO, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall not contain particulate matter in excess of 0.05 grams per dry standard cubic meter (g/dscm) nor exceed seven percent (7%) opacity, unless the stack emissions are discharged from a wet scrubbing control device.

(ii) Stack emissions from any baghouse that controls emissions from only an individual, enclosed storage bin subject to 40 CFR Part 60, Subpart OOO, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall not exceed seven percent (7%) opacity.

(iii) Visible emissions from any grinding mill, screening operation, bucket elevator, transfer point on belt conveyors, bagging operation, storage bin, enclosed truck or railcar loading station, or any other affected emission point subject to 40 CFR Part 60, Subpart OOO, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall not exceed ten percent (10%) opacity; and visible emissions from any crusher without a capture system subject to 40 CFR Part 60, Subpart OOO, shall not exceed fifteen percent (15%) opacity.

(iv) If any crusher, grinding mill, screening operation, bucket elevator, transfer point on belt conveyors, bagging operation, storage bin, enclosed truck or railcar loading station, or any other emission point subject to 40 CFR Part 60, Subpart OOO, adopted and incorporated by reference at Rule 62-204.800, F.A.C., is enclosed in a building, then each enclosed emission point must comply with the emission limits in sub-subparagraphs 62-210.300(4)(c)5.e.(i) through (iii), F.A.C., or the building enclosing the emission point(s) shall not discharge any visible fugitive emissions, except emissions from a vent, and the vent emissions shall not exceed the stack emissions limits of sub-sub-subparagraph 62-210.300(4)(c)5.e.(i), F.A.C.

(v) Visible emissions from any crusher, grinding mill, screening operation, bucket elevator, transfer point on belt conveyors, bagging operation, storage bin, enclosed truck or railcar loading station, or any other emission point not subject to 40 CFR Part 60, Subpart OOO, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall be less than twenty (20%) opacity, pursuant to subparagraph 62-296.320(4)(b)1., F.A.C.

(vi) Truck dumping of nonmetallic minerals into any screening operation, feed hopper, or crusher subject to 40 CFR Part 60, Subpart OOO, adopted and incorporated by reference at Rule 62-204.800, F.A.C., is exempt from the emissions standards of sub-subparagraph 62-210.300(4)(c)5.e., F.A.C.;

f. The owner or operator shall ensure that wet screening operations and subsequent screening operations, bucket elevators, and belt conveyors that process saturated material in the production line up to the next crusher, grinding mill or storage bin and are subject to 40 CFR Part 60, Subpart OOO, adopted and incorporated by reference at Rule 62-204.800, F.A.C., do not discharge any visible emissions. The owner or operator shall also ensure that screening operations, bucket elevators, and belt conveyors in the production line downstream of wet mining operations, where such screening operations, bucket elevators, and belt conveyors process saturated materials up to the first crusher, grinding mill, or storage bin in the production line and are subject to 40 CFR Part 60, Subpart OOO, adopted and incorporated by reference at Rule 62-204.800, F.A.C., do not discharge any visible emissions;

g. The owner or operator of a nonmetallic mineral processing plant subject to 40 CFR Part 60, Subpart OOO, adopted and incorporated by reference at Rule 62-204.800, F.A.C., and using a wet scrubber to control emissions shall comply with the monitoring requirements of 40 CFR 60.674, adopted and incorporated by reference at Rule 62-204.800, F.A.C.;

h. The owner or operator shall provide a compliance demonstration with the emission standards of sub-subparagraph 62-210.300(4)(c)5.e., F.A.C., along with a request for renewal of authorization for use of the air general permit. The owner or operator of any new facility shall demonstrate initial compliance with the emission standards of sub-subparagraph 62-210.300(4)(c)5.e., F.A.C., prior to beginning commercial operation and shall demonstrate renewal compliance with the emission standards of sub-subparagraph 62-210.300(4)(c)5.e., F.A.C., within sixty (60) days prior to the anniversary of the initial air general permit notification form submittal date. The owner or operator of any existing facility shall demonstrate compliance with the emission standards of sub-subparagraph 62-210.300(4)(c)5.e., F.A.C., within sixty (60) days prior to submitting an air general permit notification form and shall demonstrate renewal compliance within sixty (60) days prior to the anniversary of the initial air general permit notification form submittal date. For purposes of the testing requirements of this rule, the visible emission reference test method shall be EPA Method 9, the visible fugitive emission reference test method shall be EPA Method 22, the particulate matter reference test method shall be either EPA Method 5 or 17, and the test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C., 40 CFR 60.675, and 40 CFR Part 60, Appendix A, adopted and incorporated by reference at Rule 62-204.800, F.A.C.;

i. The owner or operator shall meet all applicable reporting and recordkeeping requirements of Chapter 62-297, F.A.C. and 40 CFR 60.676, adopted and incorporated by reference at Rule 62-204.800, F.A.C.;

j. The owner or operator of a stationary nonmetallic mineral processing plant using an air general permit may operate a stationary concrete batching plant using an air general permit at the same location provided all nonmetallic mineral processing plant units operate under a single nonmetallic mineral processing plant air general permit, all concrete batching plant units operate under a single concrete batching plant air general permit, and the resultant facility contains no additional nonexempt units and would not be a Title V source;

k. The owner or operator of a stationary nonmetallic mineral processing plant using an air general permit may operate, or allow the operation of, one (1) or more relocatable concrete batching plants using individual air general permits at the same location as the nonmetallic mineral processing plant provided the resultant facility contains no additional nonexempt units and would not be a Title V source;

l. The owner or operator of multiple relocatable nonmetallic mineral processing plants using individual nonmetallic mineral processing plant air general permits may operate more than one such plant at the same location provided the resultant facility contains no additional nonexempt units, the total combined annual facility-wide fuel oil usage of all plants is less than 240,000 gallons per calendar year, the material processed is less than 10 million tons per calendar year, and the fuel oil sulfur content does not exceed 0.5%, by weight. The owner or operator of the nonmetallic mineral processing plants shall maintain a log book to account for fuel consumption and material processed on a monthly basis. Fuel supplier certifications shall be maintained to account for the sulfur content of the fuel being burned; and

m. If a relocatable nonmetallic mineral processing plant is used to perform a routine function of a facility subject to regular air permitting, such as crushing recycled asphalt (rap) at an asphalt plant, it shall not operate under the authority of an air general permit. In such case, the regularly permitted facility air construction or air operation permit(s) must provide for operation of the nonmetallic mineral processing plant as an emission unit. If a relocatable nonmetallic mineral processing plant is used at a regularly permitted facility for a non-routine activity, such as destruction of a building, it may do so under the authority of its air general permit. In either case, the resultant facility shall not be a Title V source.

(d) General Procedures.

1. Eligibility Determination. The owner or operator of the facility or emissions unit shall determine its eligibility for an air general permit pursuant to the applicability criteria of paragraph 62-210.300(4)(b) or (c), F.A.C.

a. Unless otherwise specified in paragraph 62-210.300(4)(b) or (c), F.A.C., the owner or operator of any facility or emissions unit that is eligible and has submitted notification to use an air general permit pursuant to paragraph 62-210.300(4)(b) or (c), F.A.C., and who operates the facility or emissions unit in compliance with the terms and conditions of the air general permit shall not be required to obtain an air construction permit pursuant to subsection 62-210.300(1), F.A.C. In addition, such owner or operator shall not be required to obtain a regular air operation permit pursuant to subsection 62-210.300(2), F.A.C.

b. If a facility or emissions unit permitted by an air general permit under this rule at any time becomes ineligible for the use of the air general permit, or if any facility or emissions unit utilizing an air general permit is determined to have been initially ineligible for use of the air general permit, it shall be subject to enforcement action for constructing or operating without an air permit under subsection 62-210.300(1) or (2), F.A.C.

c. For each facility or emissions unit intending to operate under the provisions of an air general permit, the owner or operator must complete and submit the correct notification form for the specific general permit to be utilized, as set forth in paragraph 62-210.300(4)(b) through (c), F.A.C., to give notice to the Department of intent to use one of the air general permits listed in this rule.

2. Processing Fee. The notification must be accompanied by the appropriate general permit processing fee pursuant to Rule 62-4.050, F.A.C.

3. Administrative Corrections. Within thirty (30) days of any changes requiring corrections to information contained in the notification form, the owner or operator shall notify the Department in writing. Such changes shall include:

a. Any change in the name of the authorized representative or facility address or phone number; or

b. Any other similar minor administrative change at the facility or emissions unit.

4. Equipment Changes. In case of the installation of new process equipment, alteration of existing process equipment without replacement, or the replacement of existing process equipment with equipment substantially different than that noted on the most recent notification form, the owner or operator shall submit a new and complete general permit notification form with the appropriate fee pursuant to Rule 62-4.050, F.A.C., to the Department.

5. Violation of Permit. The air general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity is a violation of the permit. The owner or operator is placed on notice that violation of the permit constitutes grounds for revocation and suspension pursuant to Rule 62-4.100 and subsection 62-4.530(4), F.A.C., and initiation of enforcement action pursuant to Sections 403.141 through 403.161, F.S. No revocation shall become effective except after notice is served by personal service, certified mail, or newspaper notice pursuant to Section 120.60(5), F.S., upon the person or persons named therein and a hearing held, if requested within the time specified in the notice. The notice shall specify the provision of the law or rule alleged to be violated, or the permit condition or Department order alleged to be violated, and the facts alleged to constitute a violation thereof.

6. Nullification of Eligibility. Eligibility for use of an air general permit under subsection 62-210.300(4), F.A.C. is nullified by submission of false or inaccurate information in the notification form for use of the air general permit or in the required reports.

7. Use of Permit. Any facility or emissions unit eligible to operate under the terms of an air general permit may use the permit  thirty (30) days after giving notice to the Department without any agency action.

(e) General Conditions. All terms, conditions, requirements, limitations, and restrictions set forth in this rule are “general permit conditions” and are binding upon the owner or operator of any facility or emissions unit utilizing an air general permit pursuant to this rule.

1. A permittee’s use of a general permit is limited to five (5) years. No later than thirty (30) days prior to the fifth anniversary of the filing of intent to use the general permit, the owner or operator shall submit a new notice of intent which shall contain all current information regarding the facility or emissions unit. Eligibility to use the general permit is not transferable and does not follow a change in ownership of the facility or emissions unit. Prior to any sale, other change of ownership, or permanent shutdown of the facility, the owner or operator is encouraged to notify the Department of the pending action. The owner shall remain liable for corrective actions that may be required as a result of any violations occurring in the time after the sale or legal transfer of the facility or emissions unit, but before a new owner is entitled to use an air general permit.

2. The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit.

3. The general permit does not convey any vested rights or any exclusive privileges, nor does it authorize any injury to public or private property nor any invasion of personal rights. It does not authorize any infringement of federal, state, or local laws or regulations.

4. The general permit does not relieve the owner or operator of the facility or emissions unit from liability and penalties when the construction or operation of the permitted activity causes harm or injury to human health or welfare; causes harm or injury to animal, plant or aquatic life; or causes harm or injury to property. It does not allow the owner or operator to cause pollution in contravention of Florida law.

5. The general permit conveys no title to land or water, nor does it constitute state recognition or acknowledgment of title.

6. The owner or operator shall make every reasonable effort to conduct the specific activity authorized by the general permit in a manner that will minimize any adverse effects on adjacent property or on public use of the adjacent property, where applicable, and on the environment, including fish, wildlife, natural resources, water quality, or air quality.

7. The owner or operator shall allow a duly authorized representative of the Department access to the permitted facility, emissions unit, or activity at reasonable times to inspect and test, upon presentation of credentials or other documents as may be required by law, to determine compliance with the general permit and Department rules.

8. The owner or operator shall maintain any permitted facility, emissions unit, or activity in good condition. Throughout the term of the air general permit, the owner or operator shall ensure that the facility or emissions unit maintains its eligibility to use the air general permit and complies with all terms and conditions of the air general permit.

9. The air general permit shall be effective until suspended, revoked, surrendered, expired, or nullified pursuant to this rule. The general permit may be modified, suspended or revoked in accordance with Chapter 120, F.S., if the Secretary determines that there has been a violation of any of the terms or conditions of the permit, there has been a violation of state water quality standards or state air quality standards, or the permittee has submitted false, incomplete or inaccurate data or information.

10. The air general permit does not authorize any demolition or renovation of the facility or emissions unit or its parts or components which involves asbestos removal. The air general permit does not constitute a waiver of any of the requirements of Chapter 62-257, F.A.C., and 40 CFR Part 61, Subpart M, National Emission Standard for Asbestos, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

11. The general permit does not authorize any open burning.

12. No person shall circumvent any air pollution control device or allow the emission of air pollutants without the proper operation of all applicable air pollution control devices.

13. If, for any reason, the owner or operator of any facility or emissions unit operating under an air general permit pursuant to paragraph 62-210.300(4)(a), F.A.C., does not comply with or will be unable to comply with any condition or limitation of the permit, the permittee shall immediately provide the Department with the following information:

a. A description of and cause of noncompliance; and

b. The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. The permittee shall be responsible for any and all damages which may result.

14. The general permit does not eliminate the necessity for obtaining any other federal, state or local permits that may be required, or allow the permittee to violate any more stringent standards established by federal or local law.

15. Each facility located within the borders of any of the following counties shall also comply with the requirements of that county:

a. Broward County.

b. Dade County.

c. Duval County.

d. Hillsborough County.

e. Orange County.

f. Palm Beach County.

g. Pinellas County.

h. Sarasota County.

(5) through (7) No change.

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.814 FS. History–Formerly 17-2.210, Amended 11-28-93, Formerly 17-210.300, Amended 11-23-94, 4-2-95, 4-18-95, 10-16-95, 1-2-96, 3-13-96, 3-21-96, 5-13-96, 8-15-96, 10-7-96, 5-20-97, 11-13-97, 2-5-98, 2-11-99, 4-16-01, 6-21-01, 7-6-05, 2-2-06,________.

 

62-210.310 Air General Permits.

(1) Air General Permits Established.

(a) The Department has established air general permits for various types of facilities at subsections 62-210.310(4) and (5), F.A.C.

1. The air general permits provided at subsection 62-210.310(4), F.A.C., are available to specific types of facilities that elect to comply with process limitations to escape being classified as Title V sources. A facility using one (1) of the air general permits at subsection 62-210.310(4), F.A.C., shall not be entitled to use more than one (1) such air general permit for any single facility.

2. The air general permits provided at subsection 62-210.310(5), F.A.C., are available to specific types of facilities that are subject to applicable requirements under other state or federal rules. A facility must comply with such applicable requirements, whether it elects to use an air general permit under this subsection, or obtain an air construction or air operation permit. A facility using one (1) of the air general permits at subsection 62-210.310(5), F.A.C., shall not be entitled to use more than one (1) such air general permit for any single facility, except where all air general permits used at the facility specifically allow the use of one another at the same facility.

(b) The owner or operator of a proposed new or existing facility who registers to use an air general permit in accordance with the procedures of this rule, and who is not denied use of the air general permit by the Department, is authorized to construct or operate the facility in accordance with the terms and conditions of the specific rule subsection which constitutes the air general permit for the type of facility involved.

(2) General Procedures. This subsection sets forth general procedures for use of any of the air general permits provided at subsections 62-210.310(4) and (5), F.A.C.

(a) Determination of Eligibility. The owner or operator of a proposed new or existing facility shall determine the facility’s eligibility to use an air general permit under this rule. A facility is eligible to use an air general permit under this rule if it meets any specific eligibility criteria given in the applicable air general permit at subsection 62-210.310(4) or (5), F.A.C., and the following general criteria.

1. The facility shall not emit nor have the potential to emit ten (10) tons per year or more of any hazardous air pollutant, twenty-five (25) tons per year or more of any combination of hazardous air pollutants, or one hundred (100) tons per year or more of any other regulated air pollutant; be collocated with, or relocated to, such a facility; or create such a facility in combination with any other collocated facilities, emissions units, or pollutant-emitting activities, including any such facility, emissions unit, or activity that is otherwise exempt from air permitting.

2. The facility shall not contain any emissions units or activities not covered by the applicable air general permit, except:

a. Units and activities that are exempt from permitting pursuant to subsection 62-210.300(3), F.A.C., or Rule 62-4.040, F.A.C.; and

b. Units and activities that are authorized by another air general permit where such other air general permit and the air general permit of interest specifically allow the use of one another at the same facility.

(b) Registration. The owner or operator who intends to construct or operate an eligible facility under the authority of an air general permit shall complete and submit the proper registration form to the Department for the specific air general permit to be used, as provided in subsection 62-210.310(4) or (5), F.A.C. The registration form shall be accompanied by the appropriate air general permit processing fee pursuant to Rule 62-4.050, F.A.C.

1. Initial Registration. Registration of a facility which is not currently authorized to construct or operate under the terms and conditions of an air general permit is classified as an initial registration. Any existing, individual air operation permit(s) authorizing operation of the facility must be surrendered by the owner or operator, effective upon the first day of use of the air general permit.

2. Re-registration. Registration of a facility which is currently authorized to operate under the terms and conditions of an air general permit is classified as a re-registration. An owner or operator shall re-register the facility in the following cases:

a. Impending expiration of the term for air general permit use;

b. Change of ownership of all or part of the facility;

c. Proposed new construction, modification, or other equipment change that requires registration pursuant to paragraph 62-210.310(1)(e), F.A.C.; and

d. Any other change not considered an administrative correction under paragraph 62-210.310(1)(d), F.A.C.

(c) Use of Air General Permit.

1. Unless the Department denies use of the air general permit, the owner or operator of an eligible facility may use the air general permit for such facility thirty (30) days after giving notice to the Department. The first day of the thirty (30) day time frame, day one, is the date the Department receives the proper registration form and processing fee. The last day of the thirty (30) day time frame, day thirty (30), is the date the owner or operator may use the air general permit, provided there is no agency action to deny use of the air general permit.

2. To avoid lapse of authority to operate, an owner or operator intending to use, or continue to use, an air general permit must submit the proper registration form and processing fee at least thirty (30) days prior to expiration of the facility’s existing air operation permit or air general permit.

(d) Administrative Corrections. Within thirty (30) days of any minor changes requiring corrections to information contained in the registration form, the owner or operator shall notify the Department in writing. Such changes shall include:

1. Any change in the name, address, or phone number of the facility or authorized representative not associated with a change in ownership or with a physical relocation of the facility or any emissions units or operations comprising the facility; or

2. Any other similar minor administrative change at the facility.

(e) Equipment Changes. The owner or operator shall maintain records of all equipment changes. In the case of installation of new process or air pollution control equipment, alteration of existing process or control equipment without replacement, or replacement of existing process or control equipment with equipment substantially different in terms of capacity, method of operation, material processed, or intended use than that noted on the most recent registration form, the owner or operator shall submit a new and complete air general permit registration form for the facility with the appropriate fee pursuant to Rule 62-4.050, F.A.C. to the Department, provided, however, that any change that would constitute a new major stationary source, major modification, or modification that would be a major modification but for the provisions of paragraph 62-212.400(2)(a), F.A.C., shall require authorization by air construction permit.

(f) Enforcement of Ineligibility. If a facility using an air general permit at any time becomes ineligible for the use of the air general permit, or if any facility using an air general permit is determined to have been initially ineligible for use of the air general permit, it shall be subject to enforcement action for constructing or operating without an air permit under subsection 62-210.300(1) or (2), F.A.C., or Chapter 62-213, F.A.C., as appropriate.

(3) General Conditions. All terms, conditions, requirements, limitations, and restrictions set forth in this subsection are “general permit conditions” and are binding upon the owner or operator of any facility using an air general permit provided at subsection 62-210.310(4) or (5), F.A.C.

(a) The owner or operator’s use of an air general permit is limited to five (5) years. Prior to the end of the five (5) year term, the owner or operator who intends to continue using the air general permit for the facility shall re-register with the Department pursuant to subparagraph 62-210.310(2)(b)2., F.A.C. To avoid lapse of authority to operate, the owner or operator must submit the proper registration form and processing fee at least thirty (30) days prior to expiration of the facility’s existing air general permit. The air general permit re-registration form shall contain all current information regarding the facility.

(b) Use of an air general permit is not transferable and does not follow a change in ownership of the facility. Prior to any sale, other change of ownership, or permanent shutdown of the facility, the owner or operator is encouraged to notify the Department of the pending action. The new owner or operator who intends to continue using the air general permit for the facility shall re-register with the Department pursuant to subparagraph 62-210.310(2)(b)2., F.A.C..

(c) The air general permit is valid only for the specific type of facility and associated emissions units and pollutant-emitting activities indicated.

(d) The air general permit does not authorize any demolition or renovation of the facility which involves asbestos removal. The air general permit does not constitute a waiver of any of the requirements of Chapter 62-257, F.A.C., or 40 CFR Part 61, Subpart M, National Emission Standard for Asbestos, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(e) The general permit does not authorize any open burning.

(f) The owner or operator shall not circumvent any air pollution control device or allow the emission of air pollutants without the proper operation of all applicable air pollution control devices.

(g) The owner or operator shall maintain the authorized facility in good condition. Throughout the term of air general permit use, the owner or operator shall ensure that the facility maintains its eligibility to use the air general permit and complies with all terms and conditions of the air general permit.

(h) The owner or operator shall allow a duly authorized representative of the Department access to the facility at reasonable times to inspect and test, upon presentation of credentials or other documents as may be required by law, to determine compliance with the air general permit and Department rules.

(i) If, for any reason, the owner or operator of any facility operating under an air general permit does not comply with or will be unable to comply with any condition or limitation of the air general permit, the owner or operator shall immediately provide the Department with the following information:

1. A description of and cause of noncompliance; and

2. The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.

(j) Use of an air general permit does not relieve the owner or operator of the facility from liability and penalties when the construction or operation of the authorized facility causes harm or injury to human health or welfare; causes harm or injury to animal, plant or aquatic life; or causes harm or injury to property. It does not allow the owner or operator to cause pollution in contravention of Florida law.

(k) The air general permit conveys no title to land or water, nor does it constitute state recognition or acknowledgment of title.

(l) The air general permit does not convey any vested rights or exclusive privileges, nor does it authorize any injury to public or private property or any invasion of personal rights. It does not authorize any infringement of federal, state, or local laws or regulations.

(m) Use of the air general permit shall be effective until suspended, revoked, surrendered, expired, or nullified pursuant to this rule and Chapter 120, F.S.

(n) Use of the air general permit does not eliminate the necessity for obtaining any other federal, state or local permits that may be required, or allow the owner or operator to violate any more stringent standards established by federal or local law.

(o) The owner or operator of each facility located within the borders of any of the following counties shall also comply with the applicable requirements of that county:

1. Broward County.

2. Duval County.

3. Hillsborough County.

4. Miami-Dade County

5. Orange County.

6. Palm Beach County.

7. Pinellas County.

8. Sarasota County.

(4) Air General Permits for Facilities Claiming Conditional Exemption from Title V Air Permitting.

(a) Air General Permit for Facilities Comprising Bulk Gasoline Plants

1. A facility comprising one (1) or more bulk gasoline plants shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the following specific criteria.

a. The facility shall use no other air general permit.

b. The facility shall not be subject to any unit-specific applicable requirement.

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions.

a. The facility shall receive and distribute only petroleum-based lubricants, gasoline, diesel fuel, mineral spirits and kerosene.

b. The total storage capacity for gasoline at the facility shall not exceed 150,000 gallons.

c. The facility shall not exceed a throughput rate (receive and distribute) of 6.0 million gallons of gasoline in any consecutive twelve (12) months.

d. The owner or operator shall maintain records to document the throughput rate of gasoline on a monthly basis. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years.

(b) Air General Permit for Facilities Comprising Reciprocating Internal Combustion Engines

1. A facility comprising one (1) or more reciprocating internal combustion engines shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the following specific criteria.

a. The facility shall use no other air general permit.

b. The facility shall not be subject to any unit-specific applicable requirement.

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions.

a. Total fuel consumption by all reciprocating internal combustion engines at the facility shall not exceed 20,000 gallons per year of gasoline, 250,000 gallons per year of diesel fuel, 1.15 million gallons per year of propane, 40 million standard cubic feet per year of natural gas, or an equivalent prorated amount if multiple fuels are used.

b. If multiple fuels are used, the equivalent prorated amount of each fuel burned shall not exceed the total amount of such fuel allowed to be burned, as given in sub-subparagraph a., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the amount of the fuel burned at the facility to the total amount of such fuel allowed to be burned at the facility pursuant to sub-subparagraph a. The sum of the fuel percentages for all fuels burned by the facility shall not exceed 100 percent.

c. The owner or operator shall maintain records to document the fuel consumption, by type, on an annual basis. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years.

(c) Air General Permit for Facilities Comprising Surface Coating Operations

1. A facility comprising one (1) or more surface coating operations shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the following specific criteria.

a. The facility shall use no other air general permit.

b. The facility shall not be subject to any unit-specific applicable requirement.

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions.

a. The total quantity of volatile organic compounds in all coatings used shall not exceed forty-four (44) pounds per day, averaged monthly, where coatings used shall include all solvents and thinners used in the process or for cleanup.

b. The owner or operator shall maintain records to document the VOC content and the quantity of coatings used. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years.

(d) Air General Permit for Facilities Comprising Reinforced Polyester Resin Operations.

1. A facility comprising one or more reinforced polyester resin operations shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the following specific criteria.

a. The facility shall use no other air general permit.

b. The facility shall not be subject to any unit-specific applicable requirement.

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions.

a. The combined quantity of styrene-containing resin and gelcoat used shall not exceed 76,000 pounds (thirty-eight (38) tons) in any consecutive twelve (12) months.

b. The facility shall comply with the objectionable odor prohibition of subsection 62-296.320(2), F.A.C.

c. The owner or operator shall maintain records to document the quantity of resin and gelcoat used on a monthly basis. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years.

(e) Air General Permit for Facilities Comprising Cast Polymer Operations.

1. A facility comprising one (1) or more cast polymer operations shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the following specific criteria.

a. The facility shall use no other air general permit.

b. The facility shall not be subject to any unit-specific applicable requirement.

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions.

a. The combined quantity of styrene-containing resin and gel coat used shall not exceed 284,000 pounds (142 tons) in any consecutive twelve (12) months.

b. The facility shall comply with the objectionable odor prohibition of subsection 62-296.320(2), F.A.C.

c. The owner or operator shall maintain records to document the quantity of resin and gel coat used on a monthly basis. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years.

(f) Air General Permit for Facilities Comprising Printing Operations.

1. A facility comprising one (1) or more printing operations shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the following specific criteria.

a. The facility shall use no other air general permit.

b. The facility shall not be subject to any unit-specific applicable requirement.

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions, provided, however, that the facility shall comply with the limitations of either sub-subparagraphs 62-210.310(4)(f)2.a or b., F.A.C. The facility may change method of compliance between sub-subparagraphs 62-210.310(4)(f)2.a. and b., F.A.C., provided the owner or operator maintains records to demonstrate compliance with the appropriate requirement at the time of change and thereafter.

a. The facility shall not emit eighty (80) tons or more of volatile organic compounds, eight (8) tons or more of any individual hazardous air pollutant, or twenty (20) tons or more of any combination of hazardous air pollutants in any consecutive twelve (12) months. The facility shall not rely upon add-on controls to meet these limitations. The owner or operator shall keep records of material usage and calculate, using a mass balance approach, for each calendar month and each consecutive twelve (12) months, the emissions of volatile organic compounds, individual hazardous air pollutants and total combined hazardous air pollutants. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years; or

b. The facility shall use less than 1,333 gallons of materials containing any hazardous air pollutants and not exceed the following material usage limitations in any consecutive twelve (12) months. The owner or operator shall keep records of material usage for each calendar month and each consecutive twelve (12) months to demonstrate compliance with such limitations. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years. Specifically, the facility shall:

(I) Operate only heatset offset lithographic printing lines and use less than 100,000 pounds of ink, cleaning solvent and fountain solution additives combined;

(II) Operate only non-heatset offset lithographic printing lines and use less than 14,250 gallons of cleaning solvent and fountain solution additives combined;

(III) Operate only digital printing lines and use less than 12,100 gallons of solvent based inks, clean-up solutions and other solvent-containing materials combined;

(IV) Operate only screen or letterpress printing lines and use less than 14,250 gallons of solvent based inks, clean-up solutions and other solvent-containing materials combined;

(V) Operate only water-based or ultraviolet-cured- material flexographic or rotogravure printing lines and use less than 400,000 pounds of water-based inks, coatings and adhesives, combined;

(VI) Operate only solvent-based material flexographic or rotogravure printing lines and use less than 100,000 pounds of inks, dilution solvents, coatings, cleaning solutions and adhesives, combined; or

(VII) Operate any combination of heatset lithographic, non-heatset lithographic, digital, screen or letterpress, rotogravure or flexographic printing lines and use no more than the most stringent of the material usage limitations contained in sub-sub-subparagraphs 62-210.310(4)(f)2.b.(I) through (VI), F.A.C., for the type of printing lines at the facility. For purposes of determining which limit is the most stringent, the pounds of materials used for heatset offset lithographic lines and flexographic lines shall be converted to the equivalent gallons by dividing by 8.5 pounds per gallon and shall be compared with the limits for non-heatset offset lithographic, digital, screen and letterpress lines, as applicable, for the type of printing lines at the facility. The most stringent limit shall apply to the total of all solvent-containing material used.

c. The facility shall comply with the objectionable odor prohibition of subsection 62-296.320(2), F.A.C.

(5) Air General Permits for Miscellaneous Facilities.

(a) Air General Permit for Facilities Comprising Volume Reduction, Mercury Recovery, and Mercury Reclamation Processes.

1. For purposes of this air general permit, the terms “volume reduction process,” “mercury recovery process,” and “mercury reclamation process” have the meanings given at Rule 62-296.417, F.A.C.

2. A facility comprising one (1) or more volume reduction, mercury recovery, and mercury reclamation processes shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C.

3. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and all applicable provisions of Rule 62-296.417, F.A.C.

(b) Air General Permit for Facilities Comprising Concrete Batching Plants.

1. For purposes of this air general permit, the term “concrete batching plant” shall have the meaning given at Rule 62-296.414, F.A.C., and the term “site” shall mean one or more contiguous or adjacent properties under control of the same person (or persons under common control).

2. A facility comprising one (1) or more stationary or relocatable concrete batching plants shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C.

3. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions.

a. The facility shall comply with all applicable provisions of Rule 62-296.414, F.A.C.

b. The owner or operator of any equipment used to mix cement and soil for onsite soil augmentation or stabilization shall notify the Department by telephone, e-mail, fax, or written communication at least one (1) business day prior to changing location and transmit (by e-mail, fax, post, or courier) a Facility Relocation Notification Form (DEP Form No. 62-210.900(6)) to the Department no later than five (5) business days following relocation. The owner or operator of any other relocatable concrete batching plant proposing to change location shall transmit a Facility Relocation Notification Form to the Department at least five (5) business days prior to relocation.

4. A facility using this air general permit may collocate with other facilities that separately registered for, and are also using, the concrete batching plant air general permit, and with facilities using the nonmetallic mineral processing plant air general permit at paragraph 62-210.310(5)(e), F.A.C., even if under the control of different persons, provided the following conditions are met.

a. The collocation site does not contain any emissions units and pollutant-emitting activities other than concrete batching plants using air general permits, nonmetallic mineral processing plants using air general permits, and nonmetallic mineral processing plants or other emissions units and pollutant-emitting activities exempted from permitting pursuant to subsection 62-210.300(3), F.A.C., or Rule 62-4.040, F.A.C.

b. The total fuel consumption by all emissions units at the collocation site shall not exceed 275,000 gallons of diesel fuel, 23,000 gallons per year of gasoline, 44 million standard cubic feet per year of natural gas, or 1.3 million gallons per year of propane, or an equivalent prorated amount if multiple fuels are used.

c. If multiple fuels are used, the equivalent prorated amount of each fuel burned shall not exceed the total amount of such fuel allowed to be burned, as given in sub-subparagraph b., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the amount of the fuel burned at the facility to the total amount of such fuel allowed to be burned at the facility pursuant to sub-subparagraph b. The sum of the fuel percentages for all fuels burned by the facility shall not exceed one hundred percent (100%).

d. The owners or operators of all collocated concrete batching plants and nonmetallic mineral processing plants shall maintain records to account for site-wide fuel consumption for each calendar month and each consecutive twelve (12) months. The owners or operators shall retain these records, available for Department inspection, for a period of at least five (5) years.

5. Under the authority of this air general permit, a relocatable concrete batching plant may perform a non-routine task, such as making concrete for a construction project, at a facility with authorization by individual air construction or non-Title V air operation permit, without revision to the facility’s individual air permit. Any such concrete batching plant shall remain at the individually permitted facility for no more than six (6) months from the day it relocates to such facility. The owner or operator of such concrete batching plant shall keep records to indicate how long the plant has been at the permitted facility.

(c) Air General Permit for Facilities Comprising Human Crematories.

1. A facility comprising one (1)or more human crematories shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C.

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions.

a. The facility shall comply with all applicable provisions of subsection 62-296.401(5), F.A.C.

b. The owner or operator may use a human crematory air general permit and an animal crematory air general permit at the same facility, provided all human crematory units operate under a single human crematory air general permit and all animal crematory units operate under a single animal crematory air general permit.

(d) Air General Permit for Facilities Comprising Animal Crematories.

1. A facility comprising one (1) or more animal crematories shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and no animal crematory unit at the facility exceeds a design capacity of 500 pounds per hour cremated.

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions.

a. The facility shall comply with all applicable provisions of subsection 62-296.401(6), F.A.C.

b. The owner or operator may use an animal crematory air general permit and a human crematory air general permit at the same facility, provided all animal crematory units operate under a single animal crematory air general permit and all human crematory units operate under a single human crematory air general permit.

(e) Air General Permit for Facilities Comprising Nonmetallic Mineral Processing Plants (Crushing Operations).

1. For purposes of this air general permit, the definitions at 40 CFR Part 60, Subpart OOO, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall apply, and the term “site” shall mean one or more contiguous or adjacent properties under control of the same person (or persons under common control). A facility need not be subject to 40 CFR Part 60, Subpart OOO, to be eligible for use of this air general permit. If a facility using this air general permit later becomes subject to 40 CFR Part 60, Subpart OOO, the owner or operator shall re-register with the Department.

2. A stationary or relocatable facility comprising one (1) or more nonmetallic mineral processing plants shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C.

3. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions.

a. The total fuel consumption by the facility shall not exceed 23,000 gallons per year of gasoline, 275,000 gallons per year of diesel fuel, 1.3 million gallons per year of propane, 44 million standard cubic feet per year of natural gas, or an equivalent prorated amount if multiple fuels are used.

b. If multiple fuels are used, the equivalent prorated amount of each fuel burned shall not exceed the total amount of such fuel allowed to be burned, as given in sub-subparagraph b., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the amount of the fuel burned at the facility to the total amount of such fuel allowed to be burned at the facility pursuant to sub-subparagraph b. The sum of the fuel percentages for all fuels burned by the facility shall not exceed 100 percent.

c. Pursuant to Rule 62-296.320, F.A.C., the following reasonable precautions shall be employed to control unconfined emissions of particulate matter.

(I) Unconfined emissions from all relocatable nonmetallic mineral processing plants, except those located at mines or quarries and processing only material from onsite natural deposits, and all stationary nonmetallic mineral processing plants that process dry material shall be controlled by using a water suppression system with spray bars located wherever unconfined emissions occur at the feeder(s), the entrance and exit of the crusher(s), the classifier screens, and the conveyor drop points.

(II) Unconfined emissions generated by vehicular traffic or wind shall be controlled by applying water (by water trucks equipped with spray bars) or effective dust suppressant(s) on a regular basis to all stockpiles, roadways and work yards where the nonmetallic mineral processing plant is located.

d. Visible emissions from any crusher, grinding mill, screening operation, bucket elevator, transfer point on belt conveyors, bagging operation, storage bin, enclosed truck or railcar loading station, or any other affected emission point at a nonmetallic mineral processing plant not subject to 40 CFR Part 60, Subpart OOO, shall be less than twenty percent (20%) opacity, pursuant to Rule 62-296.320, F.A.C.

e. Nonmetallic mineral processing plants subject to 40 CFR Part 60, Subpart OOO, shall comply with all applicable standards, limitations, and requirements of Subpart OOO. Such facilities shall conduct initial performance tests for particulate matter and visible emissions in accordance with all requirements of  Subpart OOO and 40 CFR Part 60, Subpart A, adopted and incorporated by reference at Rule 62-204.800, F.A.C.  Thereafter, such facilities shall conduct performance tests for visible emissions annually pursuant to Rule 62-297.310, F.A.C. The annual visible emissions performance tests shall be conducted in accordance with the test methods and procedures set forth at Subpart OOO.  All test results shall be reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C.

f. The owner or operator of any relocatable nonmetallic mineral processing plant proposing to change location shall notify the Department by telephone, e-mail, fax, or written communication at least one (1) business day prior to changing location and transmit (by e-mail, fax, post, or courier) a Facility Relocation Notification Form (DEP Form No. 62-210.900(6)) to the Department no later than five (5) business days following relocation.

4. A facility using this air general permit may collocate with other facilities that separately registered for, and are also using, the nonmetallic mineral processing plant air general permit, and with facilities using the concrete batching plant air general permit at paragraph 62-210.310(5)(b), F.A.C., even if under the control of different persons, provided the following conditions are met.

a. The collocation site shall not contain any emissions units and pollutant-emitting activities other than concrete batching plants using air general permits, nonmetallic mineral processing plants using air general permits, and nonmetallic mineral processing plants or other emissions units and pollutant-emitting activities exempted from permitting pursuant to subsection 62-210.300(3), F.A.C., or Rule 62-4.040, F.A.C.

b. The fuel usage limitations of sub-subparagraphs 62-210.310(5)(e)3.b. and c., F.A.C., shall apply to the collocation site. The owners or operators of all collocated concrete batching plants and nonmetallic mineral processing plants shall maintain records to account for site-wide fuel consumption for each calendar month and each consecutive twelve (12) months. The owners or operators shall retain these records, available for Department inspection, for a period of at least five (5) years.

5. Under the authority of this air general permit, a relocatable nonmetallic mineral processing plant may perform a non-routine task, such as crushing concrete for a demolition project, at a facility with authorization by individual air construction or non-Title V air operation permit, without revision to the facility’s individual air permit. Any such nonmetallic mineral processing plant shall not be deployed at a single site for more than six (6) months in any consecutive twelve (12) months. The owner or operator of such nonmetallic mineral processing plant shall keep records to indicate how long the plant has been at the permitted facility. No nonmetallic mineral processing plant using this air general permit shall perform a task routinely done at the individually permitted facility, such as crushing recycled asphalt pavement (rap) at an asphalt plant, unless operation of the nonmetallic mineral processing plant is authorized by the air construction permit or non-Title V air operation permit, as applicable, for the permitted facility.

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.814 FS. History–New________.

 

62-210.920 Registration Notification Forms for Air General Permits. The registration notification forms used by the Department for use of air general permits provided at Rule 62-210.310, F.A.C., issued pursuant to the procedures of subsection 62-210.300(4), F.A.C., are adopted and incorporated by reference in this section. The forms are listed by rule number, which is also the form number, with the subject, title and effective date. Copies of the forms may be obtained by writing to the Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) Air General Permit Registration Forms for Facilities Claiming Conditional Exemption from Title V Air Permitting Volume Reduction, Mercury Recovery or Mercury Reclamation Air General Permit Notification Form (Effective 6-21-01).

(a)(2) Bulk Gasoline Plant Air General Permit Registration Notification Form (Effective ________ 6-21-01).

(b)(3) Reciprocating Heating Units and General Purpose Internal Combustion Engines Air General Permit Registration Notification Form (Effective ________ 6-21-01).

(c)(4) Surface Coating Operations Air General Permit Registration Notification Form (Effective ________ 6-21-01).

(d)(5) Reinforced Polyester Resin Operations Plastic Products Fabrication Air General Permit Registration Notification Form (Effective ________ 6-21-01).

(e)(6) Cast Polymer Operations Air General Permit Registration Notification Form (Effective ________ 6-21-01).

(f) Printing Operations Air General Permit Registration Form (Effective ________).

(2) Air General Permit Registration Forms for Miscellaneous Facilities.

(a) Volume Reduction, Mercury Recovery or Mercury Reclamation Air General Permit Registration Form (Effective        ).

(b)(7) Concrete Batching Plant Air General Permit Registration Notification Form (Effective ________ 6-21-01).

(c)(8) Human Crematory Air General Permit Registration Notification Form (Effective ________ 6-21-01).

(d)(9) Animal Crematory Air General Permit Registration Notification Form (Effective ________ 6-21-01).

(e)(10) Nonmetallic Mineral Processing Plant Air General Permit Registration Notification Form (Effective ________ 6-21-01).

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.814 FS. History–New 10-16-95, Amended 1-2-96, 3-21-96, 5-13-96, 8-15-96, 11-13-97, 5-25-98, 2-11-99, 6-21-01, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Larry George
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Michael Sole
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 31, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 3, 2006